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Offshore Litigation Blog

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Blockchain financial technology to secure cryptocurrencies as bitcoin for online payments and money transaction
Is there credible material of fraud? The Bermuda Court clarifies the high threshold for pleading fraud
In the recent decision of Rodrigues v Wakefield Quin Limited, the Supreme Court of Bermuda clarified the high threshold for pleading fraud; determined it had not been met on the facts of the case; struck out the case and made an indemnity costs award against the plaintiffs and their Bermuda counsel for pleading fraud without “credible material” to establish a prima facie case of fraud.
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Indemnity costs follow abusive application to defer company’s dissolution: In re Skye Assets Fund SPC (in voluntary liquidation)
The Cayman Islands Grand Court has awarded indemnity costs in respect of an abusive application for the deferral of a company’s dissolution upon the completion of its voluntary liquidation: In re Skye Assets Fund SPC (in Voluntary Liquidation).
Sessions House (House of Assembley and Supreme Court), Parliament Hill, Hamilton, Bermuda
A split victory: Costs ruling in Afiniti, Ltd. v Chishti
In a recent decision of the Bermuda Court of Appeal, the judgment in Afiniti, Ltd. v Chishti offered a nuanced costs ruling following an appeal with mixed outcomes. The case provides valuable insights into the apportionment of costs in litigation where neither party emerges as a clear winner.
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Landmark judgment on necessary formalities to become shareholder of a BVI company
In another major success for a Harneys team run out of its London office, Justice Mangatal’s judgment is the first to clarify the proper interpretation of s49 of the BVI Business Companies Act 2004 (BCA). The judgment resolves a longstanding question as to the necessary formalities for a person to become a shareholder in a BVI company.
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The BVI Court dismisses Alfa Bank’s second injunction application: No second bite at the cherry
On 29 February 2024, the BVI Commercial Court handed down its much-anticipated decision in Joint Stock Company “Alfa-Bank” v Kipford Ventures Limited discharging the sanctioned Bank’s second application for an interim injunction against Kipford (the Second Injunction Application) and stayed its claim pending further order.
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Splitting the costs: The BVI Court retains a discretion to order costs at the end of the liability phase of a split trial
On 17 January 2024, the Eastern Caribbean Court of Appeal handed down its decision in Lau Man Sang, James et al v King Bun Limited et al affirming the lower court’s discretionary power to award costs following a split trial to determine liability. In upholding the costs order of Wallbank J, the Court of Appeal confirmed that there was no need to wait until the issues of relief and quantum are decided.
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Grand Court reiterates pro-creditor approach to interim payments on account of costs
We recently wrote about two Grand Court decisions that confirmed the governing principles on interim payments. The two cases considered demonstrate that the Cayman Islands court has a pro-creditor approach to interim …
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A fanciful risk? English court disagrees with Jersey court on former trustee retaining trust assets against risks of future liability
In the recent English High Court decision of Perez v Equiom Trust Corporation (UK) Ltd and Equiom Trust (South Dakota) LLC [2022], the claimant revoked an English law governed trust of which the defendants were the trustees, and sought declarations that the revocation was valid, and that the defendants held trust assets on bare trust for the claimant and at her direction.
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“Mark of disapproval” - Justice Parker provides a refresher on indemnity costs
Two recent decisions of Justice Parker provide useful analysis on the exercise by the Grand Court of its discretion to order costs on an indemnity basis.
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Restriction from enforcement only in limited circumstances
In the recent decision of Hangzhou Jiudang Asset Management Co Ltd & Anor v Kei [2022] EWHC 3265 (Comm), the English High Court has clarified the circumstances in which a foreign judgment may be restricted from enforcement.
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Bearing witness: Convenience of witnesses a core factor in forum challenges
In the recent case of Oscar Trustee Limited v MBS Software Solutions Limited, the Eastern Caribbean Court of Appeal upheld the decision of the Commercial Court and reaffirmed that the convenience of witnesses including their availability and location remains not simply a relevant but in fact a core factor in forum non conveniens applications.
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Court of Appeal confirms that only fees incurred by BVI enrolled legal practitioners are recoverable
In Yao Juan v Kwok Kin Kwok and Crown Treasure Group Limited, the Court of Appeal handed down another seminal decision on costs’ recovery agreeing with the Appellant that costs incurred by lawyers not admitted to practice in the BVI are not recoverable.
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